HOUSTON, Sept 18 (Reuters) - A U.S. judge allowed an
affiliate of hedge fund Elliott Investment Management on
Thursday to move towards completing its offer for
Venezuela-owned Citgo Petroleum's parent through a court-ordered
auction of shares, while restricting rival bidder Gold Reserve ( GDRZF )
from doing the same.
This followed a separate judge in another U.S. court
upholding the validity of Venezuelan state oil company PDVSA's
2020 bonds on Thursday.
Delaware Judge Leonard Stark instructed a court officer
overseeing the auction of shares to terminate a stock purchase
agreement (SPA) with a Gold Reserve ( GDRZF ) subsidiary and sign a new
one with Elliott's affiliate Amber Energy, Gold Reserve ( GDRZF ) said in
a release.
That came at the end of a 4-day sale hearing, where some of
the 15 Venezuela-linked creditors lining up to cash proceeds
from the auction for Citgo's parent asked him to move the
auction forward by granting key agreements with frontrunner
bidder Amber.
The creditors have resorted to U.S. courts seeking
compensation for debt defaults and expropriations in Venezuela.
An SPA is a legally binding contract that outlines the terms
for the sale and transfer of a company's shares. In an auction
of shares, the SPA is a key step to allow a frontrunner to
secure financial commitments and complete regulatory filings for
the shares' transfer.
Gold Reserve's ( GDRZF ) unit Dalinar Energy and Amber have been
competing neck and neck in recent months for Citgo's parent, PDV
Holding.
Because Amber's $5.9 billion offer includes a separate $2.1
billion agreement to pay holders of a defaulted Venezuelan bond,
the Delaware court has recommended it as the best bid. Dalinar's
offer did not include a similar provision.
Judge Stark has not made a final decision on the winner. But
he also denied on Thursday a motion by Gold Reserve ( GDRZF ) to
disqualify Amber's bid, the miner said in a statement.
"The decision was delivered orally from the bench. Gold
Reserve ( GDRZF ) expects a written opinion and order to be issued
shortly," it added.
A New York judge on Thursday confirmed the validity of
defaulted Venezuelan bonds collateralized with Citgo equity,
supporting the holders' claim and boosting Amber's bid.
(Reporting by Marianna Parraga; Editing by Jacqueline Wong and
Muralikumar Anantharaman)